Court filing
Declaration of Alexander L. Cheney — OTO Analytics v. Benworth
Filed July 1, 2024 in Oto Analytics v. Benworth; one of 111 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2024-07-01 |
U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 1-1 · 2024-07-01 · Docket on CourtListener
Full text
DECLARATION OF ALEXANDER L. CHENEY CASE NO. 3:24-cv-03975 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA WILLKIE FARR & GALLAGHER LLP Alexander L. Cheney (SBN 302157) acheney@willkie.com 333 Bush Street San Francisco, CA 94104 Telephone: (415) 858-7400 Attorney for Petitioner Oto Analytics, LLC OTO ANALYTICS, LLC, Petitioner, v. BENWORTH CAPITAL PARTNERS LLC, Respondent. Case No. 3:24-cv-03975 DECLARATION OF ALEXANDER L. CHENEY IN SUPPORT OF OTO ANALYTICS, LLC’S PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT Case 4:24-cv-03975-AMO Document 1-1 Filed 07/01/24 Page 1 of 4 1 DECLARATION OF ALEXANDER L. CHENEY CASE NO. 3:24-cv-03975 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Alexander L. Cheney, pursuant to 28 U.S.C. § 1746, declare as follows: 1. I am a member in good standing of the bars of California and New York. I am admitted to practice in the United States District Court for the Northern District of California. I am a partner at Willkie Farr & Gallagher LLP, counsel for Petitioner Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”). 2. I respectfully submit this declaration to provide this Court with certain materials cited in Womply’s Petition To Confirm Arbitration Award And Entry For Entry Of Judgment. This declaration is based on my personal knowledge or information provided to me. DOCUMENTS 3. Attached hereto as Exhibit 1 is a true and correct copy of the Amended and Restated PPP Loan Referral Agreement entered into by Womply and Benworth Capital Partners LLC (“Benworth”), dated April 14, 2021. 4. Attached hereto as Exhibit 2 is a true and correct copy of the amended Womply Developer Order Form entered into by Benworth and Womply, dated April 14, 2021. 5. Attached hereto as Exhibit 3 is a true and correct copy of the Final Award in the JAMS arbitration styled Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners, LLC, JAMS Ref. No. 1210038203 (the “Arbitration”), dated June 26, 2024. 6. Attached hereto as Exhibit 4 is a true and correct copy of the appointment of the Arbitrator, dated October 19, 2021. 7. Attached hereto as Exhibit 5 is a true and correct copy of the Arbitrator’s Order, dated June 14, 2022. 8. Attached hereto as Exhibit 6 is a true and correct copy of the Arbitrator’s Order, dated August 3, 2022. 9. Attached hereto as Exhibit 7 is a true and correct copy of the Arbitrator’s Order, dated January 17, 2023. 10. Attached hereto as Exhibit 8 is a true and correct copy of the Arbitrator’s Order, dated February 2, 2023. Case 4:24-cv-03975-AMO Document 1-1 Filed 07/01/24 Page 2 of 4 2 DECLARATION OF ALEXANDER L. CHENEY CASE NO. 3:24-cv-03975 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Attached hereto as Exhibit 9 is a true and correct copy of Benworth’s Letter- Motion to Disqualify the Arbitrator, dated March 10, 2023. 12. Attached hereto as Exhibit 10 is a true and correct copy of Womply’s Response to Benworth’s Motion to Disqualify the Arbitrator, dated March 14, 2023. 13. Attached hereto as Exhibit 11 is a true and correct copy of the JAMS National Arbitration Committee’s denial of Benworth’s Motion to Disqualify the Arbitrator, dated March 16, 2023. 14. Attached hereto as Exhibit 12 is a true and correct copy of the Arbitrator’s Order, dated May 2, 2023. 15. Attached hereto as Exhibit 13 is a true and correct copy of the Arbitrator’s Order, dated September 27, 2023. 16. Attached hereto as Exhibit 14 is a true and correct copy of the Arbitrator’s Order, dated February 21, 2024 ADDITIONAL FACTS 17. During the Arbitration, the parties participated in dozens of conferences with the Arbitrator, submitted over fifty briefs and motions, conducted seven depositions, exchanged over 47,000 documents in discovery, and received eight substantive orders from the Arbitrator regarding discovery disputes and other issues. 18. 19. In connection with the Arbitration hearing, the parties identified 367 exhibits they intended to introduce. The parties also submitted extensive pre-hearing and post-hearing briefing, motions to exclude certain exhibits and witnesses, and a motion to introduce certain deposition designations. Case 4:24-cv-03975-AMO Document 1-1 Filed 07/01/24 Page 3 of 4 3 DECLARATION OF ALEXANDER L. CHENEY CASE NO. 3:24-cv-03975 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. On March 10, 2023, September 13, 2023, and November 9, 2023, Benworth moved for a continuance and/or stay of the Arbitration on the basis that the United States Small Business Administration (“SBA”) was imminently going to resolve whether any of Womply’s fees violated SBA regulations. The Arbitrator did not grant any of these requests. As of the date of this Declaration, the SBA has not issued any determination regarding Womply’s fees. 21. On May 9, 2024, the Arbitrator requested that the parties agree to stipulate that the Final Award be issued on May 31, 2024. Both parties agreed. On May 31, 2024, the parties were notified that Arbitrator Brainerd had rendered a decision in the Arbitration but that decision would not be released until Benworth paid its outstanding fees to JAMS. 22. As of the date of this Declaration, Benworth has not paid any funds to Womply under the Interim Award or Final Award. I declare under the penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. Executed at San Francisco, California on this 1st day of July 2024. Dated: July 1, 2024 WILLKIE FARR & GALLAGHER LLP By: /s/ Alexander L. Cheney Alexander L. Cheney Attorney for Petitioner Oto Analytics, LLC Case 4:24-cv-03975-AMO Document 1-1 Filed 07/01/24 Page 4 of 4
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